PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH KEYCOMPETE PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITES: KEYCOMPETE.COM (EACH A "SITE" AND, COLLECTIVELY, THE "SITES"). ALL SERVICES PROVIDED BY KEYCOMPETE ON THE SITES ARE COLLECTIVELY REFERRED TO AS "KEYCOMPETE SERVICES". BY ACCESSING, BROWSING AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITES OR ANY SERVICES WE PROVIDE.
Changes To This Agreement
KeyCompete may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement; a revised Agreement will be posted on the home page. Your continued use of any of our Sites following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.
Privacy Policy
Information we collect from website visitors
- We place temporary cookies on web pages so that we can see how visitors use our website (we use that information to improve our website experience)
- The cookies we place can personally identify any visitor to our website
- We place a transparent tracking bug on web pages to track the performance of banner ads placed on other websites.
- We temporarily store session information; so that registered users do not have to login every time they visit the site.
- We do not partner with or have special relationships with any ad server companies.
How we use your email address
- When you sign up for a free trial, you may receive an occasional email. You can opt-out from this email at any time.
- All user accounts may receive occasional System Update messages informing users of important account news, changes, system updates, etc. Examples include: planned outages, system improvements, version updates, point releases, abuse warnings, and important customer service information.
Safeguarding your information
- To protect your information, we use SSL technology for all online credit card orders.
- All accounts require username and password to log in. When you're finished using KeyCompete, please click the "log out" link in the top right corner of your screen, to prevent someone from using your computer to access your account
Children under 18
- We do not knowingly provide accounts, or market to, or solicit information from children under the age of 18. Our terms stipulate you must be 18 years or older to use the KeyCompete system.
Other Policies
Your use of each site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Age Requirement
You must be 18 to use this service. Some sites and keywords can be offensive. KeyCompete does not filter for offensive language.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the KeyCompete Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of KeyCompete or the copyright holder identified in the relevant copyright notice.
You agree not to modify the KeyCompete Services in any manner or form, or to use modified versions of the KeyCompete Services, including (without limitation) for the purpose of obtaining unauthorized access to the KeyCompete Services or portions of the Services. You agree not to access the KeyCompete Services by any means other than through the interface that is provided by KeyCompete for use in accessing the KeyCompete Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of KeyCompete's Content or under any third party's Content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
Automated Querying
You may send automated queries to the KeyCompete servers, however, you will be limited.
Basic accounts will be limited to 300 search queries per day.
We have placed the limit well above normal usage levels, so it is very unlikely that you will reach this ceiling. Unfortunately we need to prevent some users from abusing KeyCompete. We have had a number of customers use automated robots as well as utilizing username/passwords between many individuals at any one time. If we allow this then the system slows down for everybody else.
Our number one priority is that customers are able to use the system at all times and as fast as possible. By placing this limitation we are able to ensure this.
If you feel this query limit is too low, you can
upgrade your subscription to increase the number of queries you are allowed. Each search will count as 1 query. Each export will count as 10 queries.
You agree not to use our Sites to:
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including an KeyCompete agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by KeyCompete for such purpose;
- Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs.
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Interfere with or disrupt the KeyCompete Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Passwords and Security
Access to certain KeyCompete Services require you to choose a email address and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. KeyCompete cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of the KeyCompete Services includes links to other World Wide Web sites or resources. Because KeyCompete has no control over such sites and resources, you acknowledge and agree that KeyCompete is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KeyCompete shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which KeyCompete has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the KeyCompete Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. KeyCompete does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that KeyCompete will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which KeyCompete has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To KeyCompete Services
KeyCompete reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the KeyCompete Services (or any part thereof) with or without notice. You agree that KeyCompete will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the KeyCompete Services.
Termination of Your Access to KeyCompete Services
You agree that KeyCompete, in its sole discretion, may terminate your access to the KeyCompete Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if KeyCompete believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the KeyCompete Services may be effected without prior notice, and acknowledge and agree that KeyCompete may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the KeyCompete Services. Further, you agree that KeyCompete shall not be liable to you or any third party for the discontinuation or termination of your access to the KeyCompete Services, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING KEYCOMPETE SERVICES YOU UNDERSTAND AND AGREE THAT:
- KEYCOMPETE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. KEYCOMPETE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF THE KEYCOMPETE SERVICES IS AT YOUR SOLE RISK. THE KEYCOMPETE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEYCOMPETE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- KEYCOMPETE MAKES NO REPRESENTATION OR WARRANTY THAT KEYCOMPETE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE KEYCOMPETE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KEYCOMPETE SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH KEYCOMPETE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF KEYCOMPETE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE KEYCOMPETE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT KEYCOMPETE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, KEYCOMPETE SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR KEYCOMPETE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT KEYCOMPETE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL KEYCOMPETE'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of KeyCompete
You agree to indemnify and hold KeyCompete, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on KeyCompete Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices posted.
No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and KeyCompete for governing your use of our Sites and Services and supersedes any prior agreements between you and KeyCompete for that purpose, including any membership agreements or other similar agreements applying to our Sites or KeyCompete Services.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against KeyCompete
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by KeyCompete to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.